STATE OF U P Vs. AWADHESH KUMAR BHARTI

JUDGEMENT

(1.) Heard learned Standing Counsel for the appellant as well as Sri S.N. Bhardwaj, learned counsel for the respondent and perused the records.

(2.) The present special appeal has been filed challenging the judgment and order dated 16.9.2003 passed in Writ Petition No. 5093 (SS) of 2000; Avadhesh Kumar Bhartiya Vs. State of U.P. and others whereby the cancellation of selection of the respondent as Recruit-Constable in PAC was quashed by the learned Single Judge.

(3.) Learned counsel for the appellant submitted that the learned Single Judge has committed manifest error of law by not appreciating the fact that the respondent-petitioner was not appointed on the post of Recruit-Constable in PAC and he was only short listed in the selection held for the post of Constable. His name figured in the select list only and he was not appointed, therefore, the question does not arise for termination of service of the respondent-petitioner under the U.P. Temporary Government Servant (Termination of Services) Rules, 1975.